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(영문) 서울중앙지방법원 2016.10.20 2016고단5814
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2016, at the C main point in Gwanak-gu, Seoul Special Metropolitan City on January 11, 2016, the Defendant: (a) committed several assaults on the face of the Defendant on the ground that the Defendant, from the victim D (the age of 45) who was under contact with the said proprietor, was sexually ill; (b) assaulted on the face of the Defendant; (c) assaulted the head of the victim D; and (d) assaulted the victim E (the age of 42) who was in danger of continuing to catch the shoulderer’s disease, which is a dangerous object; and (d) inflicted injury on the victim E (the age of 42) by continuously putting about three weeks on the part of the victim E (the age of 42).

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense, and Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Selection of imprisonment with prison labor for a crime of special assault;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a small-scale illness, which is a dangerous object of the defendant, thereby causing bodily injury to another victim due to a shouldered small-scale illness.

The degree of injury suffered by one victim is not less severe, but it was not received from the relevant victim, and the damage was not completely recovered.

Until now, there have been a history of punishment as a crime of the same kind, which is disadvantageous to the defendant.

However, the defendant is against the wrongness.

While being viewed as a problem of the drinking value, the case reaches the point of view while being opposed to the assault first from one victim.

One victim shall not be punished by a defendant.

All the previous departments were punished by a fine.

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